Romero-Hernandez v. Mercado-Quinonez et al
| Juan Romero-Hernandez |
| Nelson Mercado-Quinonez, Jose Negron-Fernandez, Luis Sanchez-Betances and John Doe |
| 3:2013cv01724 |
| September 25, 2013 |
| US District Court for the District of Puerto Rico |
| San Juan Office |
| Penuelas |
| Francisco A. Besosa |
| Camille L. Velez-Rive |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
57
OPINION AND ORDER re 24 Motion to Dismiss for Failure to State a Claim; and re 52 Report and Recommendation. The Court modifies in part and rejects in part the magistrate judge's R & R, (Docket No. 52). The Court GRANTS respondents' m otion to dismiss, (Docket No. 24). Romero's exhausted claim of ineffective assistance of counsel based on the failure to put an alleged exculpatory witness on the stand is DISMISSED WITH PREJUDICE. Romero's remaining unexhausted claims, i ncluding the ineffective assistance of counsel claim based on the alleged "unfulfilled promise to the jury," are DISMISSED WITHOUT PREJUDICE. Judgment shall be entered accordingly. Signed by Judge Francisco A. Besosa on 03/13/2015. (brc)
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